Vigon’s Terms & Conditions

WEBSITE TERMS AND CONDITIONS

We respect your privacy.  Any and all information collected on this site will be kept strictly confidential and will not be sold, disclosed to third parties or reused without your permission.  Any information you give to us will be held with care and will not be used in ways that you have not consented to.

Product pricing listed on the website is indicative and will be confirmed upon placement of order by Vigon International, LLC.  Website pricing can be changed at any time without notice.  Pricing on the website is not indicative of material being available for sale.

Vigon operates under the Chemical Industries Responsible Care Act Requirements and our team may reach out to your company for additional information before we send samples or ship your order.  All orders placed online will be confirmed separately by our Customer Service team who will advise if material is available.

Standard sample sizes range from ½ ounce to 1 ounce and Vigon will ship at its discretion a certain size sample unless a larger sample size was agreed upon by a Vigon representative.

GENERAL TERMS AND CONDITIONS OF SALE

REQUIREMENTS IN WRITING. These terms and conditions cannot be changed except by the duly authorized representatives of both parties in writing and no modification shall be affected by the acknowledgment or acceptance of purchase order forms containing different conditions.

WARRANTY. SELLER warrants that the Material(s) delivered hereunder meets SELLER’s standard specifications for the

Material(s), tested by SELLER’s test methods or such other specifications as have agreed in writing signed by SELLER and

BUYER. SELLER warrants further that such Material(s) is adequately contained, packaged and labeled and conforms to any promises and affirmations of fact made on the container and label, subject also, however to any limitations or special conditions referred to thereon. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ANY AND ALL OTHER WARRANTIES

EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE CONTEMPLATED BY BUYER CONCERNING THE MATERIAL(S) AND CONTAINERS IN WHICH THE MATERIAL(S) IS SHIPPED, WHETHER OR NOT KNOWN BY SELLER. THE BUYER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO IT OR RELIED UPON BY IT WITH RESPECT TO THE MATERIAL(S) HEREIN SOLD.

LIMITATION OF LIABILITY. Buyer shall inspect within thirty (30) days of receipt, each shipment of goods sold hereunder, for any damage, defect, or shortage. All claims by Buyer or others for alleged damage, defects, shortage, nondelivery, negligence or any other cause, whether or not enumerated (“defective performance”) shall be waived unless made in writing and received by Seller within thirty (30) days after Buyer’s receipt of the goods; provided, however that as to any defective performance not reasonably discoverable within said thirty (30) day period, all such claims shall be deemed waived unless made in writing and received by Seller within ninety (90) days after Buyers receipt or non-receipt of the goods or within (30) days after Buyer learns of the facts giving rise to the claim, whichever shall first occur. Failure of Buyer to give notice of any claim within the applicable time period specified above shall be deemed an absolute and unconditional waiver of such claim.

At Sellers request Buyer shall promptly forward to Seller a representative sample of any such goods. Transportation charges for the return of goods shall not be paid by Seller unless authorized in advance by the Seller. Goods of a hazardous nature are

purchased solely at the Buyers risk, and Buyer agrees to indemnify Seller against all claims and liability arising out of a safety related property of the goods purchased from the Seller, or products made in whole or in part from such goods whether such claims and liability are for negligence or otherwise. Seller shall not be liable for, and Buyer assumes responsibility and agrees to indemnify Seller for, all personal goods. In no event shall Seller be liable for, and Buyer shall indemnify Seller for, any incidental or consequential damages, or non-compliance with regulations of foreign governments. BUYER’S EXCLUSIVE

REMEDY, WHETHER IN TORT, CONTRACT OR OTHERWISE SHALL BE FOR MONEY DAMAGES WHICH SHALL

NOT EXCEED THE PRICE FOR THE GOODS IN RESPECT TO WHICH THE CLAIM IS MADE, or at the election of the

Seller, the repair of replacement of such goods at no additional charge to Buyer.

RISK OF LOSS. Unless otherwise set forth on the reverse side hereof, SELLER shall deliver all Material(s) to a carrier for transportation to BUYER’s place of business, but all costs of transportation and insurance to destination shall be borne by

BUYER and all risks of loss shall pass to BUYER when the goods are delivered to the carrier. SELLER shall not be liable to

BUYER for damage to Material(s) while in transit.

HANDLING, LOADING, UNLOADING AND CONTAINERS. Buyer acknowledges that the Material(s) may require special handling, storage, transportation, treatment or use to comply with applicable safety and environmental laws, and BUYER will take all action necessary to comply with these laws and avoid spills or other dangers to persons, property, or the environment.

CREDIT. If the financial responsibility of BUYER becomes impaired or unsatisfactory to SELLER, advance cash payment shall be given by BUYER upon demand by SELLER and shipments may be withheld until such payment is received.

NOTICES. All notices under these terms and conditions must be in writing and mailed or delivered to BUYER at the appropriate address set forth at the beginning of this Contract or to SELLER.

GOVERNING LAW. The validity, interpretation and performance of the sale shall be governed by the internal laws of the State of Pennsylvania, United States of America. In no event shall the United Nations Convention on the International Sale of Goods apply to this Contract or any transaction thereunder.

PAYMENT. If payment is not received in accordance with the agreed upon terms, the seller reserves the right to charge for collections, legal fees,, interest, and any costs realized and/or deemed necessary to receive payment.